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of provisions of the NOI, specifically the performance warranty. Suspension, <br />modification, or revocation of the NOI is appropriate. <br />16. Pursuant to section 34-32-124(7), C.R.S. the Board may impose a civil <br />penalty of not less than $100 per day nor more than $1,000 per day for each day <br />during which a permit violation occurs. The Board may impose a civil penalty <br />against the Operator based on thirty-four days of violation at $100 to $1,000 per day <br />for a civil penalty of $3,400 to $34,000. <br />17. The Board may find a financial warranty subject to forfeiture where a <br />prospector failed to cure a default under a performance warranty despite written <br />notice of the default and ample time to cure such default. C.R.S. § 34-32-118(1)(b) <br />(2016). Prospector's violation of provisions of the Act and Rules constitutes <br />Prospector's default under its performance warranty. Prospector defaulted on its <br />performance warranty, received written notice of the default, and failed to cure <br />such default. <br />5'UOT01. <br />Prospector did not appear in this matter to present any mitigating factors. <br />There is no information before the Board indicating that any action other than the <br />requested action is appropriate. Therefore, based on the foregoing findings of fact <br />and conclusions of law, the Board enters the following order: <br />The Board finds Gold Hill Minerals, Inc. in violation of the Act, under <br />sections 34-32-116(4) and -127(2), C.R.S., and Rules for failing to submit required <br />annual fees, annual reports, and maps. <br />The Board finds Gold Hill Minerals, Inc. in violation of the NOI. <br />Gold Hill Minerals, Inc. shall CEASE AND DESIST all prospecting <br />activities at all areas within the NOI site until Prospector has complied with all <br />corrective actions set forth in this order to the satisfaction of the Division and <br />the Board. <br />The Board imposes the following CORRECTIVE ACTION against Prospector: <br />Gold Hill Minerals, Inc. shall, within ten days of the effective date of this Order, <br />(a) submit the annual report and map, and (b) pay the annual fees in the total amount <br />of $172.00. <br />The Board orders that Notice of Intent number P-2012-006 is REVOKED. <br />The Board imposes a CIVIL PENALTY for thirty-four days of violation at one <br />hundred dollars per day for a total civil penalty of $3,400. All but $1,000 of the civil <br />Gold Hill Minerals, Inc. <br />P-2012-0061 Bueno Mining Mill <br />PV -2017-009 <br />3 <br />